EDWARDSVILLE – A Godfrey car salesman and his company are suing Consumers Insurance, alleging the defendant has refused to pay a claim.
Daryl Buder of Godfrey and Halloran Auto Sales Inc. filed the lawsuit March 4 in Madison County Circuit Court against Consumers Insurance USA.
According to the complaint, on Aug. 4, 2013, Buder was driving southbound on Godfrey Road, north of Airport Road in Godfrey in a vehicle owned by Halloran.
At the same time, the suit says, Paige Goheen was driving northbound along Godfrey Road when she turned left in front of the plaintiff, causing him injury and damaging the vehicle. That claim was settled with a lump sum payment of $50,000 by Goheen's insurance company, the lawsuit states.
Goheen is considered an “under-insured motorist,” a term used in the motor vehicle insurance policy issued by Consumers Insurance, the suit states. Buder made a demand for arbitration of the under-insured motorist claim but, according to the suit, Consumers Insurance denies its insurance policy with the plaintiff allows for arbitration of such claims.
Furthermore, there is a dispute between the parties as to the nature and extent of Buder's injuries compensable under the insurance policy.
Buder and Halloran Auto Sales seek more than $50,000, plus court costs. They are represented by attorney Lanny Darr of Darr Law Offices Ltd. in Alton.
Madison County Circuit Court case number 16-L-306